Court of Queen's Bench Justice Joanne Veit sentenced Katrina Effert to at least 10 years in prison for the second-degree murder of her newborn son.
"I sentence you to life imprisonment with no possibility of parole for 10 years," stated Veit.
With her head bowed, Efffert showed no reaction as the sentence was read. Her mother and father were heard sobbing loudly.
Justice Veit said that although it appears the jury finding may be incorrect, it is an issue for the Court of Appeal and that anything she might do otherwise would not give the right perception to the public.
"The role of determining whether a jury has acted judicially in a particular case belongs to an appeal court. The trial judge cannot appropriate that role," she said.
The sentencing comes after Effert's lawyer, Peter Royal, had called for a mistrial Monday citing that the verdict was "unreasonable" and was "one that flies in the face of the evidence called by the defence."
He said the jury misunderstood, misappreciated and mischaracterized the evidence and there is "overwhelming evidence" that his client was clearly disturbed and hadn't recovered psychologically from the birth.
Royal has argued that Effert's mind was disturbed at the time and it's a clear case of the lesser charge of infanticide, a defence that can be used when a woman kills a child under the age of one and can prove the "balance of her mind is disturbed," by reasons relating to giving birth.
"Any right-thinking person I think would think that this was wrong. If this is not an infanticide case than infanticide ought to be taken out of the code," said Royal.
In her ruling Tuesday morning, Justice Joanne Veit stated that the defence application was denied and that she would order the entry of the jury's verdict.
At the beginning of the trial in early June, Royal told the court Effert would plead guilty to infanticide but the Crown did not accept that guilty plea.
This is the second time a jury has convicted Effert of second-degree murder. The Alberta's Court of Appeal later overturned the first verdict.
Effert's lawyer has publicly said he plans on appealing his client's conviction.
The Crown said if an appeal is successful, they will argue once again at trial against infanticide.
"If defence council wants to go and take it to appeal, that's their prerogative, however, I feel confident, the Crown's position will remain that it was a murder," said Crown Prosecutor John Laluk.
With files from David Ewasuk
